CNM advises municipalities not to comply with readjustment of the teaching staff
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The National Confederation of Municipalities (CNM) published a note, on Tuesday night (17), to question the readjustment of the national teaching floor, approved by the federal government the day before. According to the entity, which represents the country’s small and medium-sized municipalities, the estimated annual impact is R$ 19.4 billion on city hall coffers alone.
“The CNM has been taking a position on the unconstitutionality of the readjustment since January 2022, when the Ministry of Education announced the 33.24% readjustment for that year, despite the contrary opinion of the Attorney General’s Office (AGU). municipalist movement points out that there is a legislative vacuum that jeopardizes the legal security of applying the readjustment of the national teaching floor, as it is based on criteria that refer to Law 11.494/2007, of the former Fund for the Maintenance and Development of Basic Education and of Valorization of Education Professionals (Fundeb), expressly revoked by Law 14.113/2020, which regulates the new Fundeb”, says the note from the confederation.
Among the arguments of the municipalist entity against the measure is the current readjustment rule, which is based on the Minimum Value per Student Year defined nationally. This indicator, according to the CNM, has always been higher than the growth of Fundeb’s own revenue. Between 2009 and 2023, the fund’s revenue increased by 255.9% and the increase in the teaching floor was 365.3%, noted the entity, which recommends that city halls do not apply the readjustment.
“For this reason, the CNM continues to recommend caution and prudence to municipal managers as long as there is no legislative solution for the criterion of readjusting the floor. In 2023, the entity maintains the guidance given in early 2022 that municipalities are not obliged to the readjustment based on a device without legal validity and that grant readjustment to teachers considering the 2022 inflation and the fiscal conditions of the municipality, with equal treatment given to all municipal servants”, completed the entity.
Also according to the CNM, in a survey carried out last year with a total of 4,016 municipalities, around 3,000 of them adjusted public teaching staff, with 1,721 municipalities applying different percentages from those announced by the federal government. Of all the municipal entities, just over a third (31.1%) gave the 33.24% readjustment defined in the ordinance of the Ministry of Education.
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